by cassandraelder » Tue Jun 29, 2010 08:18 pm
i was traveling in the north bound lane of a 5 way highway in Roxboro, NC. A shopping cart from a grocery store rolled at a high rate of speed into the highway and hit my van. The initial point of impact was the right side of the front bumper and right front quarter panel. The cart became airborne, caught intself on the passenger mirror and ripped it off and then proceeded to hit and bang all along the passenger side of the van. I immediately reported it to the store manager, police and corporate headquarters. They are denying any responsibility. I am loosing time and will loose money due to this. Any help or advice would be great.
Posted: Tue Jun 29, 2010 09:52 pm Post Subject:
You need to file this with your carrier, let them handle it, they will then pursue the store for their money and your deductible, (subrogation).
You can fight it out yourself, but it will take time, if you chose to go that route, I'd get some estimates and file a small claims action.
I'll warn you ahead of time, that most of the time, these stores are not found negligent/liable for this type of damage.
Posted: Tue Jun 29, 2010 10:09 pm Post Subject: shopping cart damage
thanks for the reponse, does it change things the fact that the cart rolled out into highway traffic. isn't this similar to if something rolled into the street from any other business. why is it that shopping carts have no liability attached to them?
Posted: Tue Jun 29, 2010 10:47 pm Post Subject:
Here is the question... what did the store do that was wrong and caused the damage to your vehicle? That is, how were they negligent.
We'd need to know _why_ the cart rolled out into the highway. Did an employee push it out into the street?
Posted: Tue Jun 29, 2010 11:05 pm Post Subject:
I know I have mentioned this before, but I'll mention it again. In most cases, the store is not liable for damage caused by carts on their property, but I have yet to see a store or thier carrier not pay for the damages done by their carts. I have handle many of these claims (all on their property) due to wind, not coralled or left out in the open etc. Having one roll off their property may be a different story.
Posted: Tue Jun 29, 2010 11:34 pm Post Subject: cart collision
the drive of this grocery store has a steep incline as well as it does not provide any corals in the lower half of the parking lot. I do know that an employee saw it rolling and tried to retrieve it. I understand the whole concept of not paying for damages if you are in their parking lot i just don't understand how any business can't be held liable for not keeping there property regardless of whether it is a cart, buggy, store own automobile, bike or anything else. It seems this situation is very different than damage done in the parking lot. they stated it was left by a customer but that is just there word. The witness, the store employee, admitted that he was trying to retrieve it when it rolled into the highway.
Posted: Tue Jun 29, 2010 11:57 pm Post Subject:
i just don't understand how any business can't be held liable for not keeping there property regardless of whether it is a cart, buggy, store own automobile, bike or anything else.
Because they only owe _reasonable- care. It's not "reasonable" that they have physical control of all of their carts 100% of the day.the drive of this grocery store has a steep incline as well as it does not provide any corals in the lower half of the parking lot
This parking lot has no physical barrier between it and the road way?The witness, the store employee, admitted that he was trying to retrieve it when it rolled into the highway.
which indicates that they were doing their part.We still don't know _why the cart was rolling out into the road way_.
Posted: Wed Jun 30, 2010 12:41 pm Post Subject:
Ten years ago, I could get the stores and/or their carriers to pay for damages, since then every one I've handled has been denied...and I don't blame them. I know you certainly did nothing wrong. But as T has mentioned unless a store employee pushed the cart into the street, I just doubt they will cop to it. Now, that being said, just because they or their carrier deny liability/negligence doesn't mean a judge will see it that way. Personally if it were me, once I had a written denial (it's NOT denied unless it's done in writing), I'd file suit in small claims...This will do a couple of things, first off they may just pay it so they don't have to screw with going to court, etc. Or the judge might decide that they do have a duty to keep their carts on their property.
Posted: Wed Jun 30, 2010 01:03 pm Post Subject:
I know you said that you reported it and called corporate, but did they just deny it? Regardless if they feel they are not responsible, most if not all are required to make an incident report and notify their carrier or TPA id they are self insured. I have worked with just about every major grocer and or their insurance company for cart damage in area, and I as I said before, not one has ever denied payment. If you are getting the run around and really want to persue this I would be making phone calls as to the status.
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